Property Law Act 2023 – Watch this Space
In a significant move last year, the Property Law Act 2023 (the Act) was approved by Queensland’s Parliament on 25 October 2023, receiving royal assent on 2 November 2023.
3 November 2022
In July this year, the REIQ’s standard residential contracts were updated to reflect legislative changes that came into effect at the beginning of 2022.
The update from REIQ saw the release of new versions of the Contract for Commercial Land and Buildings (9th edition) and the Contract for Commercial Lots in a Community Titles Scheme (8th edition).
Automatic Extension of Settlement Date:
Expanded Warranties and Termination Rights:
Clause 6.2 of the new version of the REIQ contracts has been amended to allow for either party to extend the Settlement Date for up to 5 Business Days from the original Settlement Date noted in a contract, at any time prior to the original Settlement Date, provided the settlement extension notice is given prior to 4pm (in writing) on the Scheduled Settlement Date and such notice is given in accordance with the contract.
Either party may exercise this clause more than once, provided that the requests do not exceed the 5 business days in total. This may lead to complications and additional costs for sellers such as moving and storage of belongings etc. The potential settlement extension should be taken into consideration by either party when entering into a contract and planning for settlement and moving.
The new versions of the contracts have expanded the seller’s warranties to provide:
A buyer now also has a right of termination if there is:
The above is not an exhaustive list and is only a summary of the key amendments. If you are looking to buy or sell commercial property, you should always review the contract terms carefully before signing and seek professional advice.
Our experienced Commercial Law team are here to help with preparing, reviewing, and negotiating commercial contracts. Contact us today.
In a significant move last year, the Property Law Act 2023 (the Act) was approved by Queensland’s Parliament on 25 October 2023, receiving royal assent on 2 November 2023.
In February this year, the Queensland Government passed legislation to mandate electronic settlements in Queensland for most conveyancing transactions.